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Friday, March 19, 2010

SEIU Must Comply with the Law

Like other labor unions, the Service Employees International Union ("SEIU") is exempt from the income tax. In return for this exemption, the SEIU and other unions must submit information returns to the IRS. Unlike other tax returns, these information returns (Form 990) are available to the public. Guidestar, itself a tax-exempt entity, works in cooperation with the IRS to make the Forms 990 available to the public on its website [http://www.guidestar.org].

There are penalties that apply when a labor union or other tax-exempt organization is remiss in filing its Form 990.

The 9th Circuit Court of Appeals, in one of its comparatively rare pro-America moments, has ruled that the IRS has no discretion to partially abate the late 990 penalties. The decision is available here.

Accordingly, the SEIU is stuck with the lateness penalties assessed by the IRS for not timely filing its information returns for the public to see.

Nemo est supra leges!

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